Kharat Anand Bhanudas Garud & Anr v. State Of Maharashtra
2018-12-21
MRIDULA BHATKAR
body2018
DigiLaw.ai
JUDGMENT Mridula Bhatkar, J. - These Applications are moved by the applicant for granting bail and for suspension of sentence. 2. By the Judgment and order dated 27th November, 2013 passed by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai in C.C. No. 1387/SS/2006, the applicants/accused are convicted for the offences punishable under section 138 of Negotiable Instruments Act and accused No. 2 is sentenced to suffer S.I. for 6 months and they are directed to pay compensation jointly and severally of Rs. 25,00,000/- and interest thereon at the rate of 9% p.a. from 14th August, 2006 till complete realisation of the total amount to the complainant within 60 days from today, in default, accused No. 2 shall suffer S.I. for 6 months. The said order was challenged in Criminal Appeal No. 24 of 2014 by the applicant before the learned Additional Sessions Judge, Greater Mumbai. The learned Additional Sessions Judge, Greater Mumbai by the judgment and order dated 10th December, 2018 has dismissed the Appeal. The applicant/accused was taken in custody on 10th December, 2018. 3. The learned counsel for the applicants/accused has submitted that this is a bailable offence. The applicant/accused was on bail throughout the trial and Appeal period. The applicant/accused has good case on merits. He submitted that the applicants/accused have deposited Rs. 5,00,000/- before the Sessions Court. The learned counsel submitted that relatives of the applicants/accused are ready to deposit Rs. 9,00,000/- today in the trial Court. He prays that applicant/accused be released on bail and sentence be suspended. 4. Learned APP submits to the order of the Court. 5. Heard the submissions. In view of the submissions and considering the nature of offence, following order is passed: (i) The sentence is suspended till the hearing of Revision Application; (ii) The applicant/accused shall be enlarged on bail on furnishing P.R. Bond in a sum of Rs. 15,000/- with one or two sureties in the like amount, on or before 10th January, 2019 Provisionally, at the request of learned counsel for the applicant, the applicant is allowed to be released on cash bail of Rs. 15,000/-; (iii) The applicant/accused to deposit Rs. 9,00,000/- in the trial Court on or before 24th December, 2018. (iv) The applicant/accused to deposit further amount of Rs. 2,00,000/- in the trial Court on or before 15th February, 2019.
15,000/-; (iii) The applicant/accused to deposit Rs. 9,00,000/- in the trial Court on or before 24th December, 2018. (iv) The applicant/accused to deposit further amount of Rs. 2,00,000/- in the trial Court on or before 15th February, 2019. (v) The applicant/accused shall not jump the bail; (vi) The applicant/accused shall make himself available at the time of hearing of Revision Application; (vii) The applicant/accused shall not leave India without the prior permission of the Court. 6. Criminal Applications are disposed of. 7. Place the Revision Application on 1st March, 2019. 8. Parties to act upon the authenticated copy of this order.